Tag Archives: legal opportunity structure

Legal Mobilization and Policy Enforcement: A Tale of Two Policies and Two Movements?

Scholars have long debated the role of social movements in changing policy outcomes – whether and how do they matter. Policies can also create political opportunities for social movements. Policies empower historically disadvantaged groups and provide them with the tools and resources to mobilize their rights. Indeed, as David Meyer put it, scholars often grapple with the “chicken-and-egg” problem of policy and mobilization; that is, which comes first? Thinking about this alleged paradox raises questions about the role of social movements following legislative “victories.”

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The Courts and Social Movements: Two Literatures and Two Methodologies

By Chris Hilson

The relationship between courts and social movements is a complex one and a rich academic and activist literature has evolved around it. Simplifying somewhat, the academic literature can be divided into two broad camps. First, there is the predominantly U.S. work in the law and society tradition, which has explored the utility of using the courts as vehicles for social change, with classic “anti”s like Rosenberg and his Hollow Hope (1991) and “pro”s like McCann (1994). This work itself arises out of earlier classics on legal mobilization such as Marc Galanter’s “Why the ‘Haves’ Come Out Ahead” (1974). A significant proportion of it is focused on movement outcomes and debates about the success of litigation as a strategy. Continue reading

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Filed under Essay Dialogues, Movements and the Courts